Nebraska Seed Co. v. Harsh – Case Brief
Nebraska Seed Co. v. Harsh, 98 Neb. 89, 152 N.W. 310 (Neb. 1915).
Facts: Harsh (D) sent grain samples to Nebraska Seed Co. (P) and included a letter which stated that he had 1800 bushels of millet seed for sale at $2.25 per hundred-weight. Nebraska Seed immediately sent Harsh a telegram agreeing to buy the seed. P also mailed a letter to D expressing interest in purchasing the seed. D refused delivery and P sued seeking $900 in damages. D denied that P had stated a cause of action, and asserted that his mailing was not an offer and that no contract between the parties had formed. The jury found in favor of P and D appealed.
Issue: Is a mere statement of the price at which property is held an offer to sell?
Holding and Rule: No. A mere statement of the price at which property is held is not an offer to sell. See Knight v. Cooley.
If a proposal is nothing more than an invitation to make an offer, it is not such an offer as can be turned into an agreement by acceptance. Proposals of this kind are merely invitations to trade. They ask for offers which the proposer has a right to accept or reject as he pleases.
The court held that D’s letter as a whole showed that it was not intended as a final proposition, but as a request for bids. It did not fix a time for delivery, which seemed to the court to have been regarded as one of the essentials by P because he requested D to “wire how soon can load.”
Disposition: Reversed.